The Environmental Pollution Problem Of Pure Economic Loss In Tort

Environmental pollution can cause a lot of responsibility including civil liability, administrative liability and criminal liability. The pure economic loss involved in the civil liability is the most complex. There are two views about the definition of pure economic loss. One is on the carrier, the other is on the rights and interests. In this article, we think that pure economic loss is to directly reduce the victim’s property, is not because of their absolute right to be violated. Pure economic loss, showing the many features. The main characteristics are direct, property and uncertainty. We can classify pure economic loss from different perspectives. The paper argues that pure economic loss can be divided into the reflection loss, the transfer loss and loss of trust of the contractual relationship.How to deal with pure economic loss is very different in different countries.In cicil law,countries such as France choose the principle for compensation while Germany have chosen the principle of prudent limits.The common law system, adopted a conservative model with Germany.While France takes the open protected mode, it limites the pure economic loss by violations of other Elements. In other words, French law limits the heavy responsibility on the judge while German law limits the heavy responsibility on the body of legislators. Why do we have to limit the pure economic loss? Theoretical circles gives four reasons:First, the theory of litigation gate. The second is the value of the interests of the sequence.. Third is the social security factor. Fourth, the economic analysis. With the development of society, no compensation for the pure economic loss completely would be unfair. The reason is that some pure economic loss has broken these arguments for pure economic loss. From awnalysis of the legal system of our country, we know that our country is precisely from this approach to solve the pure economic loss.Cina gives the task of dealing with prue economic loss to the legislators and the supreme law of the judge.It carefully trusts the judge.The view that the pure economic loss caused by the Oil Pollution from Ships should be compensated is mature.Therefore the supreme court introduced this specification by judicial interpretation.With the maturity of the conditions,we will allow it to become law.Other pure economic loss caused by environmental pollution should be not compensated. Of course, with the development of society, pure economic loss also may be compensated.